[2021] UGCA 237
The Court found that the appellant and their counsel were absent at the scheduled hearing, despite evidence on record (affidavit of service) showing that the appellant's advocates had been duly served with the hearing notice. In accordance with Rule 100(1) of the Court of Appeal Rules, the Court exercised its...
Source-derived case information.
- Citation
- [2021] UGCA 237
- Parties
- Appellant: AVI Enterprises Ltd.; Respondent: Orient Bank (U) Ltd
- Court
- Court of Appeal of Uganda
- Jurisdiction
- Uganda
- Case Number
- Civil Appeal No. 223 of 2013
- Procedural Posture
- Civil Appeal / Final Disposal
- Outcome
- appeal dismissed with costs to the respondent
- Judges
- Egonda-Ntende, JA, Gashirabake, JA, Kibeedi, JA
- Legal Topics
- Appeal Dismissal, Costs Award, Commercial Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AVI Enterprises Ltd.
Appellant
Orient Bank (U) Ltd
Respondent
Procedural Posture
Civil Appeal / Final Disposal
Legal Issues
- 1 Whether the appeal should be dismissed for non-appearance of the appellant or their counsel.
- 2 Whether costs should be awarded to the respondent upon dismissal of the appeal.
Ratio Decidendi
The Court found that the appellant and their counsel were absent at the scheduled hearing, despite evidence on record (affidavit of service) showing that the appellant's advocates had been duly served with the hearing notice. In accordance with Rule 100(1) of the Court of Appeal Rules, the Court exercised its discretion to dismiss the appeal for want of prosecution. The Court further ordered that costs be awarded to the respondent, following the general principle that costs follow the event. The absence of the appellant or their counsel, without explanation, justified the dismissal of the appeal and the award of costs to the respondent.
Court Disposition
appeal dismissed with costs to the respondent
Orders
- The appeal is dismissed with costs pursuant to Rule 100(1) of the Rules of this court.
Full Case Text
Judgment text and source record
14 paragraphs
## THE REPUBLIC OF UGANDA IN THE COURT OF APPEAL OF UGANDA AT KAMPALA
## CIVIL APPEAL NO. 223 OF 2013 (Arising from High Court Commercial Division Civil Suit 147 of 2012)
AVI ENTERPRISES LTD. APPELLANT
### VERSUS
ORIENT BANK (U) LTD RESPONDENT
#### DECREE
This appeal coming up for final disposal on the 04th day of November, 2021 before the Hon. Mr. Justice F. M. S. Egonda-Ntende, JA Hon. Mr. Justice Muzamiru Kibeedi, JA Hon. Mr Justice Christopher Gashirabake, JA in the presence of Mr. Lubanga Vincent, learned counsel for the Respondent holding brief for Nicholas Mwasame, and in the absence ofthe appellants' counsel and the parties
# IT IS HEREBY ORDERED that;
1. The Appeal is dismissed with costs pursuant to Rule 100(1) of the Rules of this court.
Given under my hand and the seal of this Honorable Court of November, 2021 on ...~r....day
D/HEGISTRAR
Extracted by; M/S Shonubi Musoke & Co. Advocates Plot 14, Hannington Rd. P. O Box 3213 Kampala.
Kuling
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